Article 3 — Findings of Overcrowding

Pursuant to Section 65970 , et seq. of the Government Code of the State, the governing board of any school district operating an elementary or high school, with respect to any of its attendance areas located in whole or in part within the incorporated territory of the City, may make and file with the Council written findings that:

• (a) Conditions of overcrowding exist in the school or schools of such attendance area;

• (b) All reasonable methods for mitigating such conditions have been evaluated, and no feasible method for reducing such conditions exists; and, where applicable,

• (c) The school district does not own or lease as lessee vacant land within the attendance area sufficient to meets its anticipated needs over the next five years for land on which to place additional classrooms and related facilities.

(§ 1, Ord. 634, eff. November 21, 1985)

The findings filed pursuant to Section 10-8.301 (Findings of school districts) shall be deemed to be cancelled on the 5th August 1 next following the date on which they were filed with the Council or on the first August 1 next following the filing of a report pursuant to Section 10-8.502 (Accounting of uses) stating that the conditions of overcrowding will no longer exist in the attendance area as of the commencement of the next fall term or on the date on which new findings respecting the same attendance area are filed, whichever date shall first occur. (§ 1, Ord. 634, eff. November 21, 1985, as amended by § 164, Ord. 941, eff. November 10, 2023)

The findings filed pursuant to Section 10-8.301 (Findings by school districts), at the time they are so filed, shall either contain or have attached to them the following:

• (a) A precise description of the geographic boundaries of the attendance area to which the findings relate;

• (b) A list of the mitigation measures evaluated by the governing board of the school district and a statement of the reasons why such measures were found to be infeasible;

• (c) A summary of the evidence upon which such findings were based; and

(d) Such other information as may be required by regulations adopted by the Council pursuant to this chapter. (§ 1, Ord. 634, eff. November 21, 1985, as amended by § 165, Ord. 941, eff. November 10, 2023)

After the receipt of findings complying with Sections 10-8.301 (Findings by school districts) and 10-8.303 (Contents of findings and support data), the Council, after a legally-noticed public hearing, by resolution, shall concur, concur in part, or reject such findings. Such findings may be rejected only if the Council determines that such findings are not supported by the weight of the evidence. At any time after the Council has concurred in, concurred in part, or rejected such findings, the Council may reopen the issue and, if it determines in the light of its reexamination of the evidence or its examination of new evidence that its decision is not supported by the weight of the evidence, the Council may reverse such decision.

(§ 1, Ord. 634, eff. November 21, 1985, as amended by § 166, Ord. 941, eff. November 10, 2023)

Together with the findings filed pursuant to Section 10-8.301 (Findings by school districts), the governing board of the school district shall also file with the Council a schedule specifying how the school district will use the fees and land received by it pursuant to this chapter to solve the conditions of overcrowding. The schedule shall include the school sites to be used, the classroom facilities to be made available, and the time when such facilities will be available. In the event the school district cannot meet the schedule, its governing board shall file modifications with the Council, together with a statement of the reasons for the modifications. (§ 1, Ord. 634, eff. November 21, 1985, as amended by § 167, Ord. 941, eff. November 10, 2023)

If the Council concurs with the findings filed pursuant to Section 10-8.301 (Findings by school districts), the Council, by resolution, shall then find that the facilities and land use specified in the schedule filed pursuant to Section 10-8.305 (School district schedules) either are or are not consistent with the General Plan. (§ 1, Ord. 634, eff. November 21, 1985, as amended by § 168, Ord. 941, eff. November 10, 2023)